assembly Bill A1771

Amended

Eliminates statute of limitations in criminal actions and revives civil actions for certain sex offenses committed against a child less than eighteen years of age

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Sponsor

MARKEY

Co-Sponsors

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Multi-Sponsors

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 23 / Jan / 2014
    • AMEND AND RECOMMIT TO CODES
  • 23 / Jan / 2014
    • PRINT NUMBER 1771A

Summary

Eliminates statute of limitations in criminal and civil actions and revives civil actions for certain sex offenses committed against a child less than eighteen years of age.

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Bill Details

Versions:
A1771
A1771A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §208, add §3012-b, CPLR
Versions Introduced in 2011-2012 Legislative Cycle:
A10814B
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1771

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. MARKEY -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the criminal procedure law, in relation to the timeli-
  ness of prosecutions for certain sex offenses; and to amend the  civil
  practice  law  and rules, in relation to the timeliness for commencing
  certain civil actions related to sex offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (f)  of  subdivision 3 of section 30.10 of the
criminal procedure law, as separately amended by chapters 3 and  320  of
the laws of 2006, is amended to read as follows:
  (f)  [For  purposes  of a] A prosecution involving a sexual offense as
defined in article one hundred thirty of the penal  law,  other  than  a
sexual  offense  delineated  in paragraph (a) of subdivision two of this
section, committed against a child less  than  eighteen  years  of  age,
incest  in  the  first,  second  or  third degree as defined in sections
255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
less  than eighteen years of age, or use of a child in a sexual perform-
ance as defined in section 263.05 of the penal law[, the period of limi-
tation shall not begin to run until the child has  reached  the  age  of
eighteen  or  the  offense  is  reported  to a law enforcement agency or
statewide central register of child abuse  and  maltreatment,  whichever
occurs earlier] MAY BE COMMENCED AT ANY TIME.
  S  2.  The  opening paragraph of section 208 of the civil practice law
and rules is designated subdivision (a) and a  new  subdivision  (b)  is
added to read as follows:
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
WITH  RESPECT  TO  ALL  CIVIL  CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY
PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED
AS A RESULT OF CONDUCT  WHICH  WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS
DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST
A  CHILD  LESS  THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION
255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05811-01-3

A. 1771                             2

THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A  SEXUAL  PERFORM-
ANCE  AS  DEFINED  IN  SECTION 263.05 OF THE PENAL LAW, OR A PREDECESSOR
STATUTE THAT PROHIBITED SUCH CONDUCT AT  THE  TIME  OF  THE  ACT,  WHICH
CONDUCT  WAS  COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
SUCH ACTION MAY BE COMMENCED AT ANY TIME.
  S 3. The civil practice law and rules  is  amended  by  adding  a  new
section 3012-b to  read as follows:
  S  3012-B. CERTAIN CHILD SEXUAL ABUSE CASES; CERTIFICATE OF MERIT. (A)
NOTWITHSTANDING ANY PROVISION OF LAW WHICH IMPOSES A PERIOD  OF  LIMITA-
TION  TO THE CONTRARY, EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT BY A
PERSON  FOR  PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION
SUFFERED  AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE
AS DEFINED IN ARTICLE ONE HUNDRED THIRTY  OF  THE  PENAL  LAW  COMMITTED
AGAINST  A  CHILD  LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN
SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW  COMMITTED  AGAINST  A
CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL
PERFORMANCE  AS  DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDE-
CESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT  THE  TIME  OF  THE  ACT,
WHICH  CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF
AGE, WHICH IS BARRED AS OF THE EFFECTIVE DATE OF  THIS  SECTION  BECAUSE
THE  APPLICABLE  PERIOD OF LIMITATION HAS EXPIRED IS HEREBY REVIVED, AND
ACTION THEREON MAY BE COMMENCED ON OR BEFORE ONE YEAR AFTER  THE  EFFEC-
TIVE DATE OF THIS SECTION.
  (B)  IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS SECTION
FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS  A
RESULT  OF  CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DESCRIBED
IN SUBDIVISION (A) OF THIS SECTION, THE COMPLAINT SHALL  BE  ACCOMPANIED
BY  A  CERTIFICATE  OF  MERIT  AS  DESCRIBED  IN SUBDIVISION (C) OF THIS
SECTION.
  (C) A CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (B)  OF  THIS
SECTION  SHALL  BE  FILED  BY  THE  ATTORNEY FOR THE PLAINTIFF AND SHALL
CONTAIN A NOTARIZED STATEMENT BY A QUALIFIED PSYCHIATRIST, AS DEFINED IN
SECTION 9.01 OF THE MENTAL  HYGIENE  LAW,  A  PSYCHOLOGIST  AS  LICENSED
PURSUANT  TO  ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW, OR A
PERSON IN THE PRACTICE OF MENTAL HEALTH COUNSELING, AS DEFINED IN SUBDI-
VISION ONE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THE EDUCATION LAW,  WHO
IS  KNOWLEDGEABLE  IN  THE  RELEVANT  FACTS  AND  ISSUES INVOLVED IN THE
PARTICULAR ACTION, AND STATES IN REASONABLE DETAIL THE FACTS  AND  OPIN-
IONS  THAT  THE  PERSON  HAS  RELIED UPON FOR CONCLUDING THAT THERE IS A
REASONABLE BASIS TO BELIEVE THAT THE PLAINTIFF HAS BEEN SUBJECT  TO  ONE
OR  MORE ACTS OF CHILD SEXUAL ABUSE OF THE TYPE DESCRIBED IN SUBDIVISION
(A) OF THIS SECTION. THE PERSON PROVIDING SUCH STATEMENT MAY  NOT  BE  A
PARTY TO THE LITIGATION.
  (D) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
CERTIFICATE  SHALL  BE  FILED  FOR  EACH  ACTION,  EVEN IF MORE THAN ONE
DEFENDANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED.
  S 4. The provisions of this act shall be severable, and if any clause,
sentence, paragraph, subdivision or part of this act shall  be  adjudged
by  any  court  of  competent  jurisdiction to be invalid, such judgment
shall not affect, impair, or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph,  subdi-
vision  or  part  thereof  directly involved in the controversy in which
such judgment shall have been rendered.
  S 5. This act shall take effect  immediately,  provided  that  section
three  of  this act shall take effect on the sixtieth day after this act
shall have become a law.

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